Sunday, May 15, 2011
DiLacio v. Carpenters,_____A.D.3d____ (2d Dep't Jan. 11, 2011), is an important, but brief case. The court holds that a letter accusing that a temination stating that an employee was terminated for "severe dereliction of duty " was not defamatory. First, their was no publication in that the letter was only sent to the individual in question. Though the court also implies that there are other grounds why the letter is not defamatory, it does not explain itself. The letter is probably protected by a qualified privilege.
Mitchell H. Rubinstein